Fitzgibbon v. Keberlein et al
| Wisconsin Eastern District Court | |
| Judge: | Byron B Conway |
| Case #: | 1:26-cv-00023 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Jan 06, 2026 |
| Last checked: Sunday Jul 05, 2026 2:34 AM CDT |
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Defendant
Tara Berry
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Represented By
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Defendant
Adam Fitzgibbon
451 Lowell Place
Neenah, WI 54956 |
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Defendant
Bryan Keberlein
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Represented By
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Defendant
Stephanie Koenigs
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Represented By
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Defendant
Missy Woldt
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Represented By
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Defendant
Julie Mabry
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Represented By
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Plaintiff
Elizabeth A Fitzgibbon
308 Oak St
Neenah, WI 54956 |
| Docket last updated: 3 hours ago |
| Monday, September 14, 2026 | ||
| 39 | 39
motion
Leave to File Document
Mon 09/14 2:15 PM
MOTION for Leave to File Third Amended Complaint by Elizabeth A Fitzgibbon. (kwf) |
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Att: 1
Certificate of Service,
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Att: 2
Envelope
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| Thursday, September 10, 2026 | ||
| 38 | 38
cmp
Amended Complaint
Fri 09/11 10:36 AM
SECOND AMENDED COMPLAINT with Jury Demand against Tara Berry, Peter J Culp, Adam Fitzgibbon, Bryan Keberlein, Stephanie Koenigs, Julie Mabry, Trista L Moffat, Michael D Rust, Missy Woldt filed by Elizabeth A Fitzgibbon.(jm) |
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| Thursday, August 20, 2026 | ||
| 37 | 37
order
Order on Motion to Dismiss
Thu 08/20 9:29 AM
TEXT ONLY ORDER signed by Judge Byron B Conway on 8/20/2026: Trista Moffat's motion to dismiss (ECF No.34 ), brief in support (ECF No.35 ), and answer (ECF No.36 ) are STRICKEN. The court previously dismissed the amended complaint. (ECF No.32 .) There is no pending complaint to answer or move to dismiss. (cc: all counsel and pro se party) (jmk) |
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misc
Notice of Electronic Filing Error
Thu 08/20 8:50 AM
NOTICE of Electronic Filing Error re34 MOTION to Dismiss,36 Answer to Amended Complaint filed by Trista L Moffat. The description of the attachments contains duplicate text. Most documents on the drop-down list do not need further description. If you want to add a description, do not retype the same words into the description box. For example, if you choose Summons from the drop-down list then you may use the description box to the type in the name of the party to whom the summons is directed but you do not need to type the word summons. This document does not need to be re-filed. Please refer to the policies and procedures for electronic case filing and the user manual found at www.wied.uscourts.gov for further guidance. (kwf) |
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| Wednesday, August 19, 2026 | ||
| 36 | 36
answer
Answer to Amended Complaint
Wed 08/19 3:47 PM
ANSWER to15 Amended Complaint by Trista L Moffat.(Pless, Erik) |
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Att: 1
Certificate of Service Certificate of Service
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| 35 | 35
respm
Brief in Support of Motion
Wed 08/19 3:44 PM
BRIEF in Support filed by Trista L Moffat re34 MOTION to Dismiss . (Pless, Erik) |
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| 34 | 34
motion
Dismiss
Wed 08/19 3:42 PM
MOTION to Dismiss by Trista L Moffat.(Pless, Erik) |
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Att: 1
Certificate of Service Certificate of Service
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| Monday, August 17, 2026 | ||
| 33 | 33
2
pgs
order
Order Consolidating Cases ~Util - Terminate Motions
Mon 08/17 10:31 AM
Order Consolidating Cases signed by Judge Byron B Conway on 8/17/2026. Within 21 days of this order, if Fitzgibbon wishes to proceed with this action in the district court, she must file a second amended complaint that, consistent with the courts order in 26-CV-23, ECF No. 32, includes all claims against all defendants related to or arising out of Winnebago County Circuit Court case number 2021FA564, to include the loss of her marital settlement agreement, the reconstruction of that document, and all associated proceedings and actions. Accordingly, the amended complaint filed in 26-CV-625, ECF No. 13, and complaint in 26-CV-1376, ECF No. 1, are dismissed without prejudice in favor of consolidation. The motions pending in 26-CV-625, ECF Nos. 7, 14, are dismissed as moot. (cc: all counsel and mailed to pro se party) (jmk) |
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| 32 | 32
24
pgs
order
Order on Motion to Dismiss
Mon 08/17 10:22 AM
DECISION AND ORDER signed by Judge Byron B Conway on 8/17/2026. The defendants' motions to dismiss (ECF Nos.17 ;19 ;21 ) are GRANTED. The amended complaint is DISMISSED. The claims over which the court lacks jurisdiction are dismissed without prejudice. The remaining claims are dismissed with prejudice. Within 21 days of this order, the plaintiff may file a single consolidated second amended complaint. (cc: all counsel and mailed to pro se party) (jmk) |
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utility
Consolidate Case - Lead
Mon 08/17 10:44 AM
The associated cases have been consolidated. All future filings are to be made in the lead case. Associated Cases: 1:26-cv-00023-BBC, 1:26-cv-00625-BBC, 1:26-cv-01376-BBC (jmk) |
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| Monday, June 29, 2026 | ||
| 31 | 31
respm
Response to Motion
Mon 06/29 11:59 AM
RESPONSE to Motion filed by Elizabeth A Fitzgibbon re19 MOTION to Dismiss by Adam Fitzgibbon. (kwf) |
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Att: 1
Certificate of Service
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| Wednesday, June 17, 2026 | ||
| 30 | 30
order
Order on Motion for Leave to File
Wed 06/17 1:24 PM
TEXT ONLY ORDER signed by Judge Byron B Conway on 6/17/2026: Plaintiff's motion (ECF No.28 ) is GRANTED for the limited purpose of extending time to respond to Defendant Fitzgibbon's motion to dismiss (ECF No.19 ). Plaintiff must file her response to Defendant Fitzgibbon's motion to dismiss no later than June 29, 2026. Defendant Fitzgibbon may reply no later than July 6, 2026. The pro se parties are encouraged to register with the Clerk's Office for notices of electronic filing. (cc: all counsel and pro se parties) (jmk) |
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| Monday, June 15, 2026 | ||
| 29 | 29
respm
Reply Brief in Support of Motion
Mon 06/15 3:35 PM
REPLY BRIEF in Support filed by Tara Berry, Julie Mabry, Missy Woldt re17 MOTION to Dismiss .(Marrufo, Julian) |
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Att: 1
Certificate of Service
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| Thursday, June 11, 2026 | ||
| 28 | 28
motion
Leave to File Document
Fri 06/12 9:31 AM
MOTION with Affidavit for Leave to File Response to Motion to Dismiss19 and to Update Prior Filings by Elizabeth A Fitzgibbon. (kwf) |
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Att: 1
Exhibit A - USPS Tracking,
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Att: 2
Certificate of Service
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| Monday, June 08, 2026 | ||
| 27 | 27
respm
Response to Motion
Tue 06/09 12:13 PM
RESPONSE to Motion filed by Elizabeth A Fitzgibbon re21 MOTION to Dismiss by Bryan Keberlein, Stephanie Koenigs, and BRIEF in Support re26 REQUEST for Clerk's Entry of Default. (kwf) |
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| 26 | 26
misc
Request
Tue 06/09 12:06 PM
REQUEST for Clerk's Entry of Default as to Defendants Keberlein, Koenigs, and Fitzgibbon by Elizabeth A Fitzgibbon. (kwf) |
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Att: 1
Certificate of Service
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| Monday, June 01, 2026 | ||
| 25 | 25
respm
Response to Motion
Tue 06/02 10:26 AM
RESPONSE to Motion filed by Elizabeth A Fitzgibbon re17 MOTION to Dismiss by Tara Berry, Julie Mabry, Missy Woldt. (kwf) |
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Att: 1
Exhibits A & B,
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Att: 2
Certificate of Service
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| Friday, May 29, 2026 | ||
| 24 | 24
service
Summons Returned Executed
Mon 06/01 9:07 AM
SUMMONS Returned Executed by Elizabeth A Fitzgibbon. Tara Berry served on 5/21/2026; Adam Fitzgibbon served on 5/7/2026; Bryan Keberlein served on 5/7/2026; Stephanie Koenigs served on 5/7/2026; Julie Mabry served on 5/7/2026; Missy Woldt served on 5/21/2026. (kwf) |
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| 23 | 23
misc
Affidavit
Mon 06/01 9:04 AM
AFFIDAVIT of Elizabeth Fitzgibbon re Serving Complaints and Summons. (kwf) |
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Att: 1
Cover Letter,
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Att: 2
Envelope
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| Thursday, May 21, 2026 | ||
| 22 | 22
respm
Brief in Support of Motion
Thu 05/21 2:00 PM
BRIEF in Support filed by Bryan Keberlein, Stephanie Koenigs re21 MOTION to Dismiss and Joinder in Co-Defendants' Motions to Dismiss .(Peters, Daniel) |
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Att: 1
Exhibit - CCAP Docket Report
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| 21 | 21
motion
Dismiss
Thu 05/21 1:59 PM
MOTION to Dismiss by Bryan Keberlein, Stephanie Koenigs.(Peters, Daniel) |
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Att: 1
Certificate of Service
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| Monday, May 18, 2026 | ||
| 20 | 20
respm
Brief in Support of Motion
Mon 05/18 4:30 PM
BRIEF in Support filed by Adam Fitzgibbon re19 MOTION to Dismiss. (kwf) |
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| 19 | 19
motion
Dismiss
Mon 05/18 4:29 PM
MOTION to Dismiss by Adam Fitzgibbon. (kwf) |
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Att: 1
Envelope
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| Thursday, May 14, 2026 | ||
| 18 | 18
respm
Brief in Support of Motion
Thu 05/14 5:08 PM
BRIEF in Support filed by Tara Berry, Julie Mabry, Missy Woldt re17 MOTION to Dismiss .(Marrufo, Julian) |
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Att: 1
Exhibit A - Ltr to Defendants From Pltf re Amended Complaint,
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Att: 2
Certificate of Service
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| 17 | 17
motion
Dismiss
Thu 05/14 5:05 PM
MOTION to Dismiss by Tara Berry, Julie Mabry, Missy Woldt. (Marrufo, Julian) |
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| Monday, May 11, 2026 | ||
| 16 | 16
notice
Notice of Appearance
Mon 05/11 12:31 PM
NOTICE of Appearance by Daniel B Peters on behalf of Bryan Keberlein, Stephanie Koenigs. Attorney(s) appearing: Daniel B. Peters(Peters, Daniel) |
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Att: 1
Certificate of Service
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| Thursday, April 30, 2026 | ||
| 15 | 15
cmp
Amended Complaint
Thu 04/30 10:13 AM
FIRST AMENDED COMPLAINT against All Defendants filed by Elizabeth A Fitzgibbon. (jmk) |
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| 14 | 14
order
Order on Motion for Leave to File
Thu 04/30 10:10 AM
TEXT ONLY ORDER signed by District Judge Byron B Conway on 4/30/2026: Plaintiff's motion for leave to file an amended complaint (ECF No.13 ) is DISMISSED AS MOOT. Plaintiff may file an amended complaint once as a matter of course pursuant to Fed. R. Civ. P. 15(a)(1)(B). The clerk is directed to file the proposed amended complaint (ECF No. 13-]) as the First Amended Complaint. (cc: all counsel and mailed to pro se party) (jmk) |
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| Monday, April 27, 2026 | ||
| 13 | 13
motion
Leave to File Document
Tue 04/28 8:45 AM
MOTION for Leave to File an Amended Complaint by Elizabeth A Fitzgibbon. (kwf) |
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Att: 1
Proposed Amended Complaint
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| Friday, April 24, 2026 | ||
| 12 | 12
answer
Answer to Complaint
Fri 04/24 4:09 PM
ANSWER to Complaint with Jury Demand and Affirmative Defenses by Tara Berry, Missy Woldt.(Marrufo, Julian) |
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Att: 1
Certificate of Service
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| 11 | 11
notice
Notice of Appearance
Fri 04/24 4:08 PM
NOTICE of Appearance by Julian M Marrufo on behalf of Tara Berry, Missy Woldt. (Marrufo, Julian) |
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| 10 | 10
notice
Notice of Appearance
Fri 04/24 4:06 PM
NOTICE of Appearance by Anna M Kees on behalf of Tara Berry, Missy Woldt. (Kees, Anna) |
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| 9 | 9
notice
Notice of Appearance
Fri 04/24 4:05 PM
NOTICE of Appearance by Samuel C Hall, Jr on behalf of Tara Berry, Missy Woldt. (Hall, Samuel) |
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| Monday, April 13, 2026 | ||
| 8 | 8
misc
Declaration
Mon 04/13 3:45 PM
DECLARATION of Mailing Summons & Complaint to Tara Berry filed by Elizabeth Fitzgibbon. (kwf) |
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Att: 1
Proof of Delivery
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| 7 | 7
service
Summons Returned Unexecuted
Mon 04/13 3:30 PM
Summons Returned Unexecuted by Elizabeth A Fitzgibbon as to Tara Berry. (kwf) |
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Att: 1
Memo re Service by Cathy Zimmerman
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| 6 | 6
service
Summons Returned Executed
Mon 04/13 3:28 PM
SUMMONS Returned Executed by Elizabeth A Fitzgibbon. Bryan Keberlein served on 4/6/2026; Stephanie Koenigs served on 4/6/2026; Missy Woldt served on 4/6/2026. Adam Fitzgibbon served on 4/6/2026. (kwf) |
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Att: 1
Cover Letter,
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Att: 2
Envelope
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| 5 | 5
1
pgs
order
Order
Mon 04/13 3:25 PM
NOTICE OF DISMISSAL signed by Judge Byron B Conway on 4/13/2026. (cc: all counsel and mailed to pro se party) (jmk) |
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| Tuesday, March 17, 2026 | ||
| 4 | 4
order
Order on Motion for Extension of Time
Tue 03/17 1:17 PM
TEXT ONLY ORDER signed by Judge Byron B Conway on 3/17/2026: The plaintiff's motion for an extension of time (ECF No.3 ) is DENIED. The plaintiff's plan to file an amended complaint is not good cause to extend the deadline for service. Absent a timely amended complaint, the plaintiff shall serve the defendants with the original complaint within the time limit required under Fed. R. Civ. P. 4(m). Any subsequent amendment or motion to amend is then subject to Fed. R. Civ. P. 4(a) and Civ. L.R. 15 (E.D. Wis.). (cc: all counsel and mailed to pro se party) (jmk) |
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| Thursday, March 12, 2026 | ||
| 3 | 3
motion
Extension of Time
Thu 03/12 11:59 AM
MOTION for Extension of Time to File an Amended Complaint by Elizabeth A Fitzgibbon. (kwf) |
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| Monday, January 26, 2026 | ||
| 2 | 2
misc
Consent/Refusal to Jurisdiction by US Magistrate Judge
Mon 01/26 2:48 PM
Magistrate Judge Jurisdiction Form filed by Elizabeth A Fitzgibbon. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (kwf) |
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Att: 1
Envelope
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| Tuesday, January 06, 2026 | ||
| 1 | 1
cmp
Complaint - Pro Se
Wed 01/07 9:46 AM
PRO SE COMPLAINT with Jury Demand against All Defendants filed by Elizabeth A Fitzgibbon. Consent forms distributed for Magistrate Judge William E Duffin. (Filing Fee PAID; Receipt Number: GB 7080) (Service Packet Issued) (kwf) |
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Att: 1
Civil Cover Sheet
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